Legal Blog
September 14, 2015
For the second time in three years, the Virginia Supreme Court has revisited the “common enemy rule” pertaining to stormwater drainage. First came the case of Kurpiel v. Hicks, in which the Supreme Court seemed to weaken that rule by overturning...
Read MoreIs Smell Still Sufficient for Probable Cause in Virginia?
August 24, 2015
As many criminal defense practitioners can attest, the typical fact pattern for a “routine” marijuana charge is your client being stopped by police for some minor traffic infraction and upon approaching the window of the car smells a distinct odor...
Read MoreTenancy by the Entirety: A New Case Changes A Very Old Doctrine
August 11, 2015
Virginia is one of approximately 24 states that allow married couples to hold title to real estate as tenants by the entirety. Most REALTORS have probably seen deeds that grant property to married couples “as tenants by the entirety with the right...
Read MoreVirginia DUI Journal: The Breath Test, Part II
August 06, 2015
One of the most common ways for the government to prove a person is driving under the influence is through the use of Virginia Code 18.2-266(i). See: https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-266 This section criminalizes operating...
Read MoreBoundary Line Adjustments: Moving the Line is Not Enough
July 13, 2015
At some point in their careers, most REALTORS will probably run into a transaction involving a boundary line dispute. Those disputes usually arise when one of two neighboring properties goes up for sale, and the potential purchaser obtains a...
Read MoreVirginia DUI Journal: The BreathTest, Part I
June 02, 2015
One of the most common ways for the government to prove a person is driving under the influence is through the use of Virginia Code 18.2-266(i). See: https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-266 This section criminalizes operating...
Read MoreBack to Fundamentals in Estate Planning: A Long Term Perspective
March 11, 2015
It has always been the case that one size does not fit all when it comes to estate planning. However, recent changes emphasize why we cannot simply use the standard plan from years past, and expect that we will achieve optimal and appropriate...
Read MoreDisclaimer Does Not Excuse Concealment
March 09, 2015
Can a seller of property be held liable for fraud for concealing a defect in the property when he has provided a residential property disclaimer statement and the buyer has had the property inspected by two different property inspectors? According...
Read MoreTax Law – Portability & the Double Basis Step-up
February 05, 2015
We are now in an environment where estate tax planning for income tax purposes is both a real possibility and a virtual necessity to create efficient estate plans from both a transfer tax and an income tax perspective. There are several reasons...
Read MoreAssistance Animals and Fair Housing
December 04, 2014
Imagine a newly-minted real estate licensee acting as a rental agent for residential property. The agent knows the property inside and out, including all restrictions applicable to the use of the property. Those restrictions include a prohibition...
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